What is Law? Definitions by Austin, Salmond, Kelsen and Roscoe Pound
This introductory Jurisprudence lecture explains the meaning of law, its role in a civilised society, and important definitions given by leading jurists such as John Austin, Salmond, Hans Kelsen and Roscoe Pound.
Watch Lecture
Video Lecture
Lecture Overview
What This Lecture Covers
Law is the foundation of every civilised society. It regulates human conduct, maintains order, protects rights and ensures uniformity in social behaviour. Different schools of jurisprudence have explained law from different angles, such as command, justice, social control, morality and social engineering.
John Austin
“Law is the command of the sovereign.”
Austin represents the analytical or positivist approach. According to him, law is a command issued by the sovereign authority and backed by sanction.
Salmond
“Law is the body of principles recognised and applied by the State in the administration of justice.”
Salmond connects law with courts, justice and state recognition. His definition is useful for understanding the practical working of law.
Hans Kelsen
Law is a system of norms based on a basic norm or Grundnorm.
Kelsen’s pure theory of law explains law as a hierarchy of norms. In India, the Constitution may be understood as the basic norm from which other laws derive authority.
Roscoe Pound
Law is a tool of social engineering.
Roscoe Pound viewed law as a means of balancing competing interests in society. His approach belongs to the sociological school of jurisprudence.
Important Functions
Functions of Law
Maintenance of law and order
Protection of rights and liberties
Administration of justice
Regulation of human conduct
Protection of property and economic interests
Promotion of social welfare
Instrument of social change
Settlement of disputes through courts and ADR
Maintenance of international relations
Preservation of rule of law
Key Idea
Important Takewayas
- Law is a system of rules that governs society.
- It creates uniformity and predictability in human behaviour.
- Law protects individual rights and also balances social interests.
- Different schools of jurisprudence define law differently.
- The Constitution is the supreme source of legal authority in India.
- Rule of law is one of the most important objectives of a legal system.
Continue Learning Jurisprudence
Explore more lectures, notes and legal concepts prepared specially for LL.B. students and self-learners.